How the Landlord Ombudsman Investigates Complaints in England

Who Can Complain

Once operational, the PRS Landlord Ombudsman scheme will accept complaints from three categories of people:

• Current tenants on an assured periodic tenancy or regulated tenancy
• Former tenants who have vacated the property; the approved scheme's rules will set its time limits and other acceptance criteria
• Prospective tenants — for example, someone alleging discriminatory treatment during the application process, unlawful rental bidding demands, or prohibited advance rent charges

The mandatory redress jurisdiction covers complaints against member landlords. The Act also allows a scheme to offer voluntary mediation at a member's request, which is different from determining a complaint against a tenant. If you have a dispute with a tenant about rent arrears, property damage, or antisocial behaviour, your routes include the courts (Section 8 possession) or mediation services.

Stage 1: Admissibility Review

Not every complaint reaches a full investigation. The ombudsman's first step is an admissibility check covering four criteria:

Eligible complainant. The person complaining must fall into one of the three categories above and the tenancy must be within the scheme's jurisdiction (assured periodic or regulated tenancy in England).

Internal grievance exhaustion. The scheme must set the time allowed for a member to resolve a matter before it accepts a complaint. SI 2026/1033 does not prescribe an eight-week period, require a Deadlock Letter, or specify an urgent-case exception; the approved scheme's rules will set the acceptance criteria.

Jurisdictional boundaries. The complaint must concern the landlord's statutory obligations or conduct. Complaints about tenant-on-tenant disputes, council services, or matters outside the tenancy relationship are excluded.

Other rejection criteria. The scheme must specify the circumstances in which a complaint may be rejected. SI 2026/1033 does not set a blanket rule for disputes that are also before a court.

A complaint that fails the scheme's acceptance criteria will be handled under its published procedure. The specific resubmission rules will depend on that procedure.

Stage 2: Evidential Investigation

Once a complaint is admitted, the adjudicator requests documentary evidence from both parties. This is where your record-keeping determines the outcome.

The landlord is typically asked for:

• Copies of all written communications with the tenant about the complaint
• Repair logs, contractor invoices, and maintenance records
• Safety certifications (Gas Safety Record, EICR, EPC)
• Photographs with dates
• Any internal complaint responses (acknowledgement, Stage 1 letter, deadlock letter)

The adjudicator evaluates your conduct against three benchmarks: statutory standards (what the law required), your tenancy agreement terms, and any approved landlord code of practice. They assess whether your actions were reasonable in the circumstances — not whether the outcome was perfect, but whether you responded appropriately and in a timely manner.

Stage 3: Determination and Redress

After reviewing the evidence, the adjudicator issues a written determination. The decision is based on "fair and reasonable" principles and sets out:

• Whether the complaint is upheld, partially upheld, or not upheld
• The factual findings
• The remedies ordered (if any)

Available remedies under paragraph 4 of the Schedule to SI 2026/1033:

• Apology or explanation — the scheme may order an apology or explanation in the circumstances set by its rules
• Mandatory corrective action — specific repairs, safety certification renewals, or management changes, with a compliance deadline
• Financial compensation — up to £25,000 per determination, payable directly to the tenant

These can be combined. A determination might order £3,000 in compensation, immediate repair of a drainage defect, and a written apology for the six-week communication gap.

Stage 4: Enforcement and Escalation

The landlord is assigned a binding compliance period to execute the ordered remedies. If they comply, the case closes.

If they don't comply:

Court or tribunal enforcement. Section 68 allows the Secretary of State to make regulations authorising the scheme administrator to apply to a court or tribunal for an order enforcing an accepted determination as if it were a court order. A redress order is not automatically a court order.

Scheme expulsion. Under paragraph 6 of the Schedule to SI 2026/1033, the scheme may expel a member only for specified grounds and after warning the member, allowing written representations, and obtaining an independent review. The scheme may publish specified information about expelled members. Expulsion does not itself remove the right to let; a landlord required to be a member may face enforcement if they continue to let or market without membership.

Rent Repayment Orders. Section 98 of the Renters' Rights Act 2025 makes the continuing-breach offence under section 67(1) a qualifying offence for an RRO. This does not make every failure to comply with a redress order a qualifying offence. A qualifying RRO can cover up to two years' rent, subject to the statutory conditions.

What Protects You

The investigation process is structured to identify whether you acted reasonably. The strongest position is a documented record showing:

1. You acknowledged the tenant's complaint promptly
2. You investigated the issue and provided a substantive response within the response period set by the approved scheme
3. You instructed appropriate repairs or took reasonable corrective action
4. You kept the tenant informed throughout
5. You either resolved the matter or followed the scheme's escalation procedure

A landlord who can demonstrate this sequence is better placed to show reasonable handling. The approved scheme will set the relevant time periods and procedures. The decision-maker must assess what is fair and reasonable in the circumstances — a boiler that breaks despite regular servicing is different from a boiler that has not been inspected in four years.

The PRS Landlord Ombudsman guide walks through each investigation stage in detail, with the record-keeping templates and response frameworks that build your defence before a complaint ever arrives.

See more England guides →